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(영문) 수원지방법원 2019.09.26 2019고단4047

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On December 15, 2018, the Defendant driven the above car on December 15:15, 2018, and led the Defendant to go ahead of it on the later side of the apartment house C, in the period of harmony.

Since there is a place where a sidewalk for pedestrians' traffic has been installed, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system with a person engaged in driving service.

Nevertheless, the Defendant neglected this and neglected the report, received a street, etc. installed in the rear bank, and caused the victim D (year 4) to shock the head of the victim D (year 4) who was frighting over the sidewalk while the above street, etc. exceeded the sidewalk.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as complicated crushing and crushing of two aggregates that require approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report (1) (1)

1. Investigation report (whether this case constitutes a crime committed by the report referred to in the proviso of Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. An accident site photograph;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] [the reason for sentencing] of Article 62-2 of the Act on the Order of Community Service and Order to Attending Courses] [the basic area of causing traffic accidents], imprisonment without prison labor for four months to one year [the sentence]], the crime of this case was committed by the defendant, while the defendant invadedd on the sidewalk, causing bodily injury to the victim by shocking the street, etc. while facing the sidewalk while the defendant was faced with the sidewalk, and the defendant's negligence is not easy.